The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-06-17

respecting vacancies; it will preserve the power
of the people to exercise their inherent right OF
choosing their own rulers at general election
and it will prevent one who is chosen to fill a
vacancy from breaking in upon the regular
order of succession by extending his term beyond
| the term of the Governor. Any other construc-
ton would work q surrender of the inherent
power of the people to elect their own officers.
| and do violence to the language of the Constitu-
ton. No reason exists for making an exception
| to the general principle which pervades the
| whole Constitution, that the people may. at
general election. choose their own officers; such
an exception is not made by the Constitution or
| the statutes Why should we break in upon
the uniformity of the system which refers the
choice of officers to the people as often as gen
eral elections recurl There r,. is not
which the people have surrendered
the power Of choosing the !principal officers of
State at general election. Throughout the whole
instrument, without one reservation or excep-.
ton, there is assertion of the great principle
embodied in the first section, l have stated,
that the people shall exercise the power resident
in them of choosing their officers at a general
election 1t Is this principle which binds our
governmental system together as a complete and
perfect political fabric. To make the Constitu-
ton deny to the people the right to fill this va
cancy at general election. there must be put
into it by construction words which its trainers
did not see fit to put there. But by holding that
the election to fill vacancy In the Office of Lieu
tenantgoverror is only for the term of the
cancy, effect is given to every provision of the
Constitution on the subject. The terms OF the
Governor and Lieutenantgovernor thus
made to end at the same time, every interest of
the people is preserved, and their power remains
undiminished.
A case exactly in point decided by the
Supreme Court of Nebraska Feb 16, 1887 l
refer to State vs. Dodson (31 N. W. Rep, 1881
At the general election in 1888 Meeker
elected the office of clerk, for a term to expire
in January 1883. The Office became vacant
March 6, 1886. and Dodson was appointed to fill
the vacancy. Al the general election In No
vember 1856, France was elected to fill out the
unexpired portion of Meeker's term, and he took
the necessary steps to qualify for the office.
Dodson, the appointee, refused to surrender the
Office. and contended that election of clerk
could be legally held until the general election
of 1887. Section of the election law of Nebras-
ka provides that Tin each county there
shall be elected in the year 1879. and every four
years thereafter, a clerk of the District Court in
and for each county" Section iol provides for
filling vacancies by appointment, and
shall hold office until successor
is elected and qualified" These statutory pro-
visions are similar lin legal effect to Sections
and Is OF Article . of our Constitution.
and governed by the same rules of
language of Section referred to the regular
election Of clerks and not to the filling of
candies, and that constituting that section with
the others named, there was escaping the
cluson that a CLERK could be legally elected at
the general election of 1885, whose term of Office
would expire in January, 1855
The facts and the law of this Nebraska case
are similar to the one you state and furnish
precedent exactly in point. Therefore. upon
both reason and authority, it must be held that
Section 2 of Article 5 of our Constitution
refers to regular terms, and not to filling vacan-
cies, while Section IS of that article author
ICES the filing of the vacancy at general
election to be held under Section 467S, r. s.,
1881
In Section L, of article f. of the Constitution,
it is declared that .the legislative authority of
the State shall be vested in the General Assem-
bly,"
In commenting on similar constitutional
provision. the Supreme Court of Iowa said:
A1vx1A fhAp horA cfaA tn<rfc1 otfr
authority inherent in them 10 the General As
sembly. The people were the original posses
sors OF all the ieeiss st OF the stats
Railroad Company Geiger, "a Ind, 1885, in
discussing this provision of our Constitution,
our Supreme Court said: when the Constitu-
ton of State vests in the General Assembly all
legislative power, it is to be construed as a gen
eral grant of power, and as authorizing such
functions of legislation, if not delegated to the
federal government or prohibited by the State
Constitution" To the same effect are Beau
champ VS.. State, Blackf, 299: Doe Doug
lass Backf., 10; Vanhorn Dorrance. 2
Doll, 3O4 Morrison vs.. Springer Is Iowa, 304
There is nothing in our Constitution to pro-
hibit the Legislature from enacting that all
cances State offices should be filled at gen.
eral election indeed the right to enact is
clearly recognized, if not directed, by the last |
clause of Section Is of Article 5, as have here
tofore shown
In 1852, at the first session of the General AS
sembly held after the present Constitution was
should be hold every two years, lat which cleo
ton all existing vacancies in Office
shall be filed, unless otherwise provided" This
section was amended in 1881, by changing the
date from October to November, but no altera-
ton made in the language quoted. (Sec-
467s r. S.. 1881 Twice the law making power |
has said that all vacancies in office should be
filed at such election, and words of |
exception or qualification were used to take the |
Office of Lieutenant-governor out of the range |
of the statute. This legislation furnishes a |
practical construction of the Constitution, which
is to be held in light esteem or disreearded |
unless the words of the Constitution |
clearly opposed to it to Danish all doubt, and |
/ think have shown that such a doubt cannot |
justly exist "Such construction in such |
case ought not to be disregarded." People
Supervisors. 100 ILL.,, 1851
A learned writer has said "The decision of |
the Legislature on the meaning and effect of the |
necessarily involved in the making |
of a statute should be respected by the courts
when afterward they are required to determine
whether or not it is constitutional" Bishop on
Written Laws Sec. Oh.
The judgment of the Legislature in such
matters is entitled Co great respect. If there is
a doubt to the validity of the statute it will
be resolved in favor of the Legislature. 1t
must appear very clearly that the legis-
lation is repugnant TO or in conflict
% or the statute will be uDhed
shoemaker Smith, 81 Ind, 552; Glare
State, 6s Ind, II; McComas Krug, 81 Ind,
327 Robinson vs. Schenck, 102 Ind, 300. This
put on the Constitution by the
is supported and strengthened by the |
fact that, in 1881. when the people amended Sec
ton IA, of Article 2, of the Constitution, by de-
clarng that all general elections should be held
in November, they did not add any words of
limitation exception depriving the General
Assembly of any part of its power to regulate
what officers should be elected at such elections
although they amended that section so as to au-
thorize the General Assembly to provide by law
FOR the election of judges at an election for such
officers only. and although they in the amend
ment. changed that section in other respects If
the people had been dissatisfied with the legisla-
tive Interpretation of the Constitution, they
certainly would have made it manifest in the
amendment failing to do, they must be held
to have been satisfied with thatinterpretation.
In addition to the legislative construction Of
the constitutional provisions under considera-
ton. we have a like Interpretation of it by the
the Attorney general and the people |
Of the State. The Governor is charged with the
1uty of enforcing the proper execution of the |